By Hinojosa H.B. No. 1240
75R5057 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of certain federal peace officers to
1-3 enforce state law relating to public intoxication and driving while
1-4 intoxicated.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 2.122, Code of Criminal Procedure, is
1-7 amended by adding Subsection (c) to read as follows:
1-8 (c) A customs inspector of the United States Customs Service
1-9 or a border patrolman or immigration officer of the United States
1-10 Department of Justice is not a peace officer under the laws of this
1-11 state but has the powers of arrest and search and seizure as to an
1-12 offense under Section 49.02 or 49.04, Penal Code, or an offense
1-13 under Section 49.07 or 49.08, Penal Code, committed while the actor
1-14 was operating a motor vehicle. A customs inspector, border
1-15 patrolman, or immigration officer who arrests or detains a person
1-16 younger than 17 years of age under the authority of this subsection
1-17 shall release or deliver the person as provided by Section 52.02,
1-18 Family Code.
1-19 SECTION 2. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended,
1-24 and that this Act take effect and be in force from and after its
2-1 passage, and it is so enacted.